Attorney 'trespassed' after dispute over infant at Daiquiri Deck

Brandon Daniels says he and his wife took their baby to the upper level, and were asked to leave by a manager, who called deputies when they refused

By LEE WILLIAMS

Brandon Daniels says all he wanted Saturday night was a quiet dinner and a drink or two.

The Sarasota attorney, who also is a former police officer, and his wife spent the day stripping old carpet from a home they had just bought.

As evening arrived, the couple was ready to relax.

They put their 5-week-old son in a car seat and drove to Siesta Key.

The Siesta Key Oyster Bar was packed and a bit too loud for their sleeping son, so they settled on the Daiquiri Deck.

The restaurant's lower level was full, but the upper level was "sparse," Daniels said — and quiet.

"As we walked up the stairs, this roadhouse-like bouncer said we can't come up, because it's against the law," Daniels said. "We had someone with us who was under 21."

Daniels placed the carseat on a nearby table. He and his wife sat down, and Daniels said he told the bouncer that if they planned to refuse the family service, the manager should tell them personally.

Several minutes later, a manager approached and told Daniels that the family could not eat upstairs.

"I asked him if he honestly thought my infant son planned on consuming alcohol," Daniels said. "He told all of his staff not to serve us."

The manager also called 911.

Sarasota County Deputy Richard Hardin and another deputy were dispatched to the restaurant.

At the manager's insistence, Daniels was "trespassed" from the restaurant for a year. If he returns, he is subject to arrest.

"The subject stated that he was there to eat and was sitting at a table to eat with his family when he was approached by restaurant staff," Hardin's report states. "I informed the subject that he was trespassed from the premises and that he had to leave. The subject complied."

Daniels maintains that restaurant managers changed their story: rather than it being illegal to have a child in the upper level, the issue became one of safety.

"They kept insisting we were breaking the law," Daniels said. "I continually asked, 'What law?', and none of them could tell us. Daiquiri Deck is a restaurant, not a bar."

Russell Matthes, one of Daiquiri Deck's three owners, said he fully supports his manager's decision.

"This got all blown up, and I can't figure out why," Matthes said.

"We have thousands of kids — they're welcomed — but there are all high-tops (tables) up there. It's a bar. We don't think it's safe for customers," the owner said. "We offered him one of 258 seats, but he said he wasn't moving. We don't tolerate that type of behavior. This is just a customer complaint. He was sitting in the bar area with a child."

Daniels said he is considering a discrimination suit, for refusing service because he brought his infant son.